SECTION 139 OF IPC @LEXCLIQ BY KANUPRIYA BHARGAVA

SECTION 139 OF IPC

 

Nobody subject to the army Act, the army Act, 1950 (46 of 1950), the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 (34 of 1934), the Air Force Act, or the Air Force Act, 1950 (45 of 1950) is subject to punishment under this Code for any of the offences defined in this Chapter, according to Section 139 of the Indian penal code.

As a result, the Army Act, 1950 (46 of 1950) declares that it is an Act to consolidate and reform the legislation governing the administration of the army. Describes the Air Force’s recruitment methods and functions. With a few exceptions, the Act prohibits migrant and female employees from serving in the Air Force.

The government also has the authority to change the application of certain fundamental rights to persons subject to the current Act, such as the right to be a member of, or to be associated in any way with, any union or union, or any class of trade or labour unions, or any society, institution, or association, or any class of societies, institutions, or associations.

Unless otherwise specified in the topic or context,—”enlisted ” means enrolled in the Territorial Army under the terms of this Act;

” non-commissioned officer ” means a private holding a non-commissioned rank within the Territorial Army , and includes an acting non-commissioned officer ;

. all words and expressions used herein and defined in {Subs.by Act 3 of 1951, s.3 and Sch., for “the Indian Army Act, 1911”.} [the Army Act,1950], and not hereinbefore defined, shall be deemed to possess the meanings respectively attributed to them by that Act.

Before getting into the Indian Navy (Discipline) Act, 1934 (34 of 1934), we’ve to understand that what’s this act and what all are the amendments which are wiped out this act.

So, the list of amending acts are:

  1. The Repealing and Amending Act, 1960 (58 Of 1960).
  2. The Army, Air Force and Naval Law (Amendment) Act, 1970 (30 of 1970).
  3. The Navy (Amendment) Act, 1974 (53 of 1974).
  4. The Navy (Amendment) Act, 1982 (48 of 1982).
  5. The Navy (Amendment) Act, 1987 (34 of 1987).
  6. The Navy (Amendment) Act, 2005 (23 of 2005).

It is an Act to consolidate and amend the law concerning the govt of the Indian Navy. BE it enacted by Parliament within the Eighth Year of the Republic of India.

According to, the Indian Navy (Discipline) Act, 1934 (34 of 1934), this enactment states,

  1. This Act as effective within the State of Bihar was applied to the Sonthal Parganas District by Bihar Regulation 2 of 1944, Section 2.

The Act was also extended to the merged States and new Provinces by the Merged States (Laws) Act, 1949 (59 of 1949), Section 3 and Schedule; and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950), Section 3.

  1. Substituted by the A.O. 1950, for “the application of the Naval Discipline Act to”.
  2. Substituted by the A.O. 1950, for the previous preamble.

But further it had been Repealed by Act 62 of 1957, Section 186.

The Air Force Act or the Air Force Act, 1950 (45 of 1950) describes that, an Act to consolidate and amend the law concerning the govt of the Air Force.

Persons subject to this Act.—The following persons shall be subject to this Act wherever they’ll be, namely:— (a) officers and warrant officers of the Air Force; (b) persons enrolled under this Act; 3 [(c) persons belonging to the Regular Air Force Reserve or the Air Defence Reserve or the Auxiliary Air Force, within the circumstances laid call at section 26 of the Reserve and Auxiliary Air Forces Act, 1952 (62 of 1952);] (d) persons not otherwise subject to air force law, who, on active service, in camp, on the march, or at any frontier post specified by the Central Government by notification during this behalf, are employed by, or are within the service of, or are followers of, or accompany any portion of the Air Force. The Main Highlights were:

Section 131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. (Subs. by Act 10 of 1927, s. 2 and therefore the First Sch., for “and Navy”.) Whoever abets the committing of mutiny by a officer , soldier, (sailor or airman), within the Army, (Navy or Air Force) of the (Government of India) or attempts to seduce any such officer, soldier, (sailor or airman) from his allegiance or his duty, shall be punished with (imprisonment for life), or with imprisonment of either description for a term which may reach ten years, and shall even be vulnerable to fine.

 

(Explanation. during this section the words “officer”, (“soldier”, (“sailor”) and “airman”) include an individual subject to the (Army Act, (the Army Act, 1950 (46 of 1950)), (the Naval Discipline Act, the Indian Navy (Discipline) Act,1934 (34 of 1934)) (the Air Force Act or (the Air Force Act, 1950 (45 of 1950))), because the case may be).)

Subs. by Act 10 of 1927, s. 2 and therefore the First Sch., for “and Navy”.Section 45 in The Air Force Act, 1950

Unbecoming conduct.— Any officer or warrant officer who behaves in a manner unbecoming his position and thus the character expected of him shall, on conviction by court-martial, be liable to be cashiered or to suffer such less punishment as is mentioned in this Act; and if he’s a warrant officer, be liable to be dismissed or to suffer such less punishment as is mentioned in this Act.

 

AUHTOR

KANUPRIYA BHARGAVA

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